Hucal v. People

Francis W. Jamison, County Judge, *

retired, delivered the opinion of the Court.

Plaintiff in error, hereafter referred to as defendant or Hucal, was convicted by a jury of theft, 1967 Perm. Supp., C.R.S. 1963, 40-5-2. He claims error in the trial court’s refusal to direct a judgment of acquittal. For the purpose of this appeal, Hucal concedes that the prosecution’s evidence should be assumed to be true.

The prosecution’s evidence was as follows:

In June of 1968, the defendant and one Norman K. Davis were both employed by the City and County of Denver in the Department of Revenue, defendant in…